“The European Parliament, a co-legislator of the European Union, and an institution directly representing the will of European citizens hasnow called for a stay of Ali al-Nimr’s execution,” said Isabel Cerdá Marcos, Advocacy Associate at ECDHR. “The resolution is a strong demonstration that the Saudi government can no longer count on the international community to look the other way as it commits severe and systemic human rights violations.”
In February 2012, Saudi authorities arrested al-Nimr for participating in dissident protests in Qatif, an urban sector of the Eastern Province where the nation’s marginalized Shia constitute a majority. In detention, officials affiliated with the Ministry of Interior allegedly tortured him severely. Through repeated beatings, they coerced him into confessing to a series of charges, including joining a “terrorist cell”, targeting police with Molotov cocktails, and robbing a pharmacy. The Specialized Criminal Court, Saudi Arabia’s national security tribunal, later used this confession to sentence al-Nimr to death. During both his interrogation and trial, Saudi authorities blocked al-Nimr from contacting an attorney, and several of his trial hearings were convened in secret.
“As a former prisoner of conscience who was myself subjected to torture and made to stand trial before a military court, I find the details of al-Nimr’s case deplorable,” said Sayed Ahmed Alwadaei, Director of Advocacy at BIRD. “This is why the EP’s adoption of today’s resolution, particularly its calls to abolish the Specialized Criminal Court and investigate allegations of torture, is so welcome.”
As indicated in the resolution, al-Nimr’s execution marks the troubling continuance of several trends in Saudi Arabia. The first is the steep increase in executions; from August 2014 to August 2015, Saudi authorities executed 175 people, a capital punishment rate higher than any comparable 12-month period in the country during the last decade. The second is the Saudi government’s disregard for its international human rights obligations. Saudi Arabia is a state party to both the Convention against Torture and the Convention on the Rights of the Child. The former obligates the government to investigate the allegations of torture against al-Nimr, while the latter, per the resolution, “strictly prohibits the use of the death penalty for crimes committed by anyone below the age of 18.” These trends are also visible in the case of Dawood al-Marhoon, another Eastern Province protester in imminent danger of capital punishment who, like al-Nimr, was also arrested at 17.
“Saudi Arabia seeks greater integration into the international community in terms of economic and military ties,” stated Husain Abdulla, Executive Director of ADHRB, “but it refuses to abide by its basic laws. Today, the EU has sent a strong message that continued partnership relies upon adherence to fundamental human rights norms.”
ECDHR, ADHRB, and BIRD fully support the resolution’s calls on the Saudi government to:
- Commute the sentence of Ali al-Nimr;
- Abolish the Specialized Criminal Court;
- Promptly and impartially investigate allegations of torture against al-Nimr; and
- Increase its engagement with the UN Human Rights Council and with the European Union bodies
UPDATE: 17 August 2015 – Ebrahim Sharif is expected to be presented before a Bahraini criminal court on 24 August 2015.
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UPDATE: 14 July 2015 – Since the publication of this statement, on Monday 13 July, the Public Prosecution formally charged Ebrahim Sharif with “inciting violence” and “promoting political change”. On Monday evening, the Public Prosecution’s official twitter account (pp_bahrain) tweeted the following:
Investigation taken place regarding individual previously convicted of attempt to overthrow govt & recently released via Royal Pardon
— النيابة العامة (@pp_bahrain) July 13, 2015
Individual incited violence and promoted political change using illegal forceful means and threats.
— النيابة العامة (@pp_bahrain) July 13, 2015
Though not named, the description of the individual in the first tweet clearly identifies Ebrahim Sharif.
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13 July 2015 – London, UK – On Sunday 12 July, Bahrain’s police arrested Ebrahim Sharif, the former General Secretary of the National Democratic Action Society (Wa’ad). Sharif is one of the “Bahrain 13”, a group of prominent human rights defenders and opposition figures in Bahrain. He was recently released from detention on 19 June after serving over four years in prison on charges related to his freedom of expression.
His arrest comes only weeks after Bahrain sentenced the leader of the Wefaq Political Society, Sheikh Ali Salman, to four years imprisonment, also on charges related to freedom of expression.
At approximately 2.30 am on Sunday, an estimated six police jeeps and eight civilian cars carrying at least 30 officers raided Mr. Sharif’s home. He was arrested before dawn and escorted to a Police Station in Muharraq, where he will be detained for at least 48 hours pending investigation.
Sharif’s arrest follows a speech he delivered on 10 July, which, according to the Director General of the Criminal Investigation and Forensic Science, under the Ministry of Interior, “encouraged the overthrow of the government and incited hatred.” The Director General further alleged that the speech “incited violence, hatred and sectarianism.”
On reviewing the speech, the Bahrain Institute for Rights and Democracy (BIRD) did not find any language of incitement to violence, hatred or sectarianism, as alleged by the Ministry of Interior. In fact, Mr. Sharif instead condemned violence and encouraged peaceful actions to deter it.
The Ministry of Interior confirmed the arrest via Twitter, announcing that Sharif had been arrested for “intentionally violating the law.”
General Dir of Criminal Investigation: Ebrahim Sharif detained 4statements that encouraged the overthrow of the government &incited hatred
— Ministry of Interior (@moi_bahrain) July 12, 2015
Sharif’s re-arrest comes two weeks after the United States announced the end of its four-year-long arms ban on Bahrain, citing “the recent release of a number of prisoners charged with crimes related to their political association and expression” as a sign of “meaningful progress and reconciliation.”
“There is no meaningful progress in Bahrain, and no efforts for reconciliation or dialogue,”
said Husain Abdulla, Executive Director of Americans for Democracy & Human Rights in Bahrain,
“The arrest of Ebrahim Sharif shows that the United States was categorically wrong to lift its arms suspension and must immediately reassess its decision.”
Just two days prior to Sharif’s arrest, the European Parliament passed resolution of 9 July 2015 on Bahrain, in particular the case of Nabeel Rajab (2015/2758), condemning the deterioration of the country’s human rights record. The resolution had welcomed the early release of Ebrahim Sharif but called on the government to “drop all charges” against all political prisoners. It further called for an EU-wide ban on the export of tear gas and crowd control equipment to Bahrain.
An Early Day Motion at the UK Parliament has also so far attracted at least 29 Members of Parliament to condemn restrictions on free speech in Bahrain since publication on 2 July.
“The EU should put its full weight behind protecting free speech in Bahrain following its complete criminalisation by the government,”
said Sayed Ahmed Alwadaei, Director of Advocacy at the Bahrain Institute for Rights and Democracy,
“The EU must push Bahrain to comply with its human rights obligations by finally actioning and implementing the resolution.”
Mr. Sharif’s arrest and detention is in contradiction to the universal right to peaceful freedom of expression and the right to hold opinions guaranteed by Article 19 of International Covenant on Civil and Political Rights and Article 19 of the Universal Declaration of Human Rights, both to which Bahrain is a party.
The Bahrain Institute for Rights & Democracy and Americans for Democracy & Human Rights in Bahrain condemn the arrest of Mr. Sharif and call on the Government of Bahrain to:
- Immediately release and drop all charges against Ebrahim Sharif, and all other prisoners of conscience detained on charges of free expression;
- Take concrete steps towards resuming national dialogue, including the release of all members of the Bahrain 13, other prominent opposition leaders like Sheikh Ali Salman and human rights defenders like Nabeel Rajab and Naji Fateel;
- Cease all reprisals taken against individuals peacefully exercising their right to free expression as guaranteed by Articles 19 of the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration of Human Rights;
On the United Nations and its Member States to:
- Publicly condemn the arrest of Ebrahim Sharif and call on the Government of Bahrain to unconditionally release and drop all charges against Ebrahim Sharif;
- Apply pressure on the government of Bahrain to stop harassment of political opposition leaders and take concrete steps towards resuming national dialogue;
- Adopt a resolution on Bahrain in the United Nations Human Rights Council, urging the Government to take urgent steps towards implementation of recommendations by the Bahrain Independent Commission of Inquiry and Second Cycle UPR recommendations;
On the United States to:
- Reapply and immediately put into effect the recently lifted arms suspension on Bahrain Defense Force and National Guard;
On the United Kingdom to :
- Publicly condemn the ongoing attack on freedom of expression and reprisals against opposition figures in Bahrain, order an independent assessment of its programme of assistance to the government of Bahrain in light of these ongoing abuses, and list it as a Country of Concern in the next FCO Human Rights Report;
On the European Union to:
- Condemn the re-arrest of Ebrahim Sharif and implement the actions set out in the European Parliament’s Urgent Resolution of 9 July 2015 on Bahrain.